plea taken by the respondents claiming derivative title as well as prescriptive title are mutually destructive and therefore they shall elect one among those ... title cannot be taken simultaneously or in the alternative?
(2) Whether the respondents disclaimed the plea of derivative title before taking up the prescriptive title
negative prescription, but the right to
enjoy the property of others can be acquired by positive
prescription. Claiming prescription of title by adverse
possession ... negative prescription.
Prescription: Prescription may be defined as the effect of
lapse of time in creating and destroying rights; it is the operation
of time
revenue records and that the plaintiff and her sister
had acquired title by prescription by being in possession openly as of
right and continuously ... possession based on title the plaintiff has only
to prove her title. It is for the defendant to prove acquisition of title by
adverse possession
owner to maintain a suit to seek
declaration of claim of title by prescription. In para 17, it was
observed that to establish a claim ... title by prescription, that is,
adverse possession for 12 years or more, the possession of the
claimant must be physical/actual, exclusive, open, uninterrupted,
notorious
this Court that the concept of title is confined, to absolute pure and simple title. In law, 'title' means a bundle of rights ... fructify into title. For instance, even perfection of title by adverse possession is one of the species of title. Therefore, if the title
lands. The action was founded upon immemorial right, custom and prescriptive title as a right of easement and under a lost grant.
3. The suit ... contested on the plea that there was neither prescriptive title as a right of easement
nor a lost giant, that the plaintiffs had a separate
Special Court to consider the question of title including the question of title by prescription by means of adverse possession. Otherwise, when ever there ... issue for determination as regards the prescriptive title by means of adverse possession falls for determination, the Special Court cannot legitimately adjudicate that issue
upto what time it continued, so as to give rise to prescriptive title.
8. The trial Court initially framed the following issues, which relate, mostly ... plaintiff and by what time it had ripened into a prescriptive title. The basic approach of the trial Court, in this regard, was erroneous, inasmuch
sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or made with the permission ... limitation cannot be regularised. Even such person who had acquired prescriptive title under the law of Limitation cannot be allowed to squat on public property
behalf of the purchasers (defendants) that they have perfected their title by prescription
against the plaintiffs and we find that the contention needs ... held the appellant has failed to establish that he perfected his title by prescription. The authorities cited on the petitioner's side
